IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 5910 of 2010(K)
1. SUNIMOL L.PULICKAN,
... Petitioner
Vs
1. THE DEPUTY DIRECTOR OF EDUCATION,
... Respondent
2. THE HEADMISTRESS,
3. K.U.GEETHA, HIGH SCHOOL ASSISTANT,
4. STATE OF KERALA,
For Petitioner :SRI.K.I.ABDUL RASHEED
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :15/03/2010
O R D E R
S. SIRI JAGAN, J.
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W.P.(C)No. 5910 of 2010
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Dated this the 15th day of March, 2010
J U D G M E N T
The petitioner is presently working as H.S.A. (English)
in the Government Higher Secondary School, Mookkanoor.
She is the class teacher of Standard VIII A of the school.
According to the petitioner, because of union rivalries and
political influence, petitioner has been subjected to a
transfer unjustly, alleging that the petitioner has
misbehaved with a student of her class, who is undergoing
treatment for lead poisoning, who requires very careful
handling in view of the same. Petitioner submits that the
petitioner has not done anything to hurt the feelings of the
said student and she has only advised the student when the
student transgressed the limit of discipline. Petitioner
therefore seeks the following reliefs:
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i issue a writ of certiorari quashing Ext.P7 proceedings
issued by the 1st respondent.
ii. issue a writ of mandamus directing the 1st respondent not
to transfer the petitioner from Govt. H.S.S., Mookkanoor
to Govt. H.S.S. Vazhakkulam on the basis of Ext.P7.
2. I had granted an interim stay of transfer which is
continuing. An application for vacating the interim stay has
been filed by the respondents 1, 2 & 4, stating that it is not
in the interest of the school to continue the petitioner in
that school and it was therefore taking a lenient view that
the petitioner has been transferred to another school not far
off. Various documents have also been produced in support
of the respondents’ contention that the petitioner was
harassing the student who has sought to come on record in
this writ petition by filing an application for impleading. I
am not able to come to a definite conclusion as to the
alleged harassment by the petitioner on the additional
respondent. None of the documents produced by the
respondents speaks about any specific incident of
harassment, but only a statement that the petitioner is
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harassing the student. Notwithstanding the same I am of
opinion that it is in the best interest of all concerned
including the petitioner, to see that the petitioner is
transferred from that school. However that transfer need
not be this year itself because for this academic year the
school has already closed. The petitioner now submits that
she is prepared to join another nearby school, in the
peculiar circumstances of the case, without admitting that
she is in any way guilty of any of the allegations against her.
I am of the opinion that in the above circumstances the writ
petition itself can be disposed of with appropriate directions
regarding transfer of the petitioner in the general transfer
for the next academic year. Therefore this writ petition is
disposed of with a direction to the respondents to continue
the petitioner in the present school till the next general
transfer. During the next general transfer, the petitioner
shall be accommodated in the nearest school, where a
vacancy is available as per the transfer guidelines. If no
vacancies are available in any of the nearby schools the
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petitioner may be transferred to the school to which the
petitioner has been transferred as per the order impugned
in this case. But I make it abundantly clear that the same
shall not be a reason to transfer the petitioner to that school
only if any vacancy is available in any of the nearer schools.
Respondents 1, 2 & 4 shall see that the petitioner is
accommodated in a vacancy in the nearest school if one
vacancy is available as per the transfer guidelines. I also
make it clear that I have not considered the allegations and
counter allegations of the parties on merits and have passed
this order in the best interests of all concerned to have a
peaceful atmosphere for the students to study which is the
ultimate object of running the school.
The writ petition is disposed of as above.
S. SIRI JAGAN
JUDGE
shg/